Supreme Court judgment in United States vs Comstock has implications for future US national security detentions

Monday’s United States v. Comstock asked whether the federal government has the authority to continue to indefinitely detain a person who has served out his federal prison sentence, or who is deemed incompetent to stand trial, if the government has clear and convincing evidence that he is a “sexually dangerous” person. Stephen Breyer said that the government could indeed hold such people,  under the Necessary and Proper Clause of the federal  Constitution. The opinion (summarized by Adam B at Daily Kos here) listed five reasons  supporting congressional authority to enact such legislation.

More here.


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